Illinois General Assembly - Full Text of HB1155
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Full Text of HB1155  98th General Assembly


Rep. Lou Lang

Filed: 2/25/2013





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2    AMENDMENT NO. ______. Amend House Bill 1155, AS AMENDED, by
3inserting the following in its proper numeric sequence:
4    "Section 135. Firearm carry prohibition; gaming facility.
5    (a) No person may knowingly carry a firearm into any gaming
6facility or any adjacent property or parking lot area under
7control of or owned by a gaming facility licensed under the
8Riverboat Gambling Act or the Horse Racing Act of 1975.
9    (b) No person may knowingly carry a firearm into any
10licensed establishment, licensed truck stop establishment,
11licensed fraternal establishment, or licensed veterans
12establishment licensed under the Video Gaming Act or any
13adjacent property or parking lot area under the control of or
14owned by a licensed establishment, licensed truck stop
15establishment, licensed fraternal establishment, or licensed
16veterans establishment licensed under the Video Gaming Act.
17    (c) The exemptions and provisions in subsections (a), (b),



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1(f), (g-6), (g-10), (h), and (i) of Section 24-2 of the
2Criminal Code of 2012 apply to this Section.
3    (d) The United States Supreme Court in District of Columbia
4v. Heller, 554 U.S. 570, 128 S.Ct. 2783 (2008) has recognized
5that the Second Amendment to the United States Constitution
6does not confer an unlimited right and that states may prohibit
7the carrying of firearms in sensitive places. The Supreme Court
8stated in the Heller decision: "Although we do not undertake an
9exhaustive historical analysis today of the full scope of the
10Second Amendment, nothing in our opinion should be taken to
11cast doubt on longstanding prohibitions on the possession of
12firearms by felons and the mentally ill, or laws forbidding the
13carrying of firearms in sensitive places such as schools and
14government buildings . . ." The Supreme Court also noted in a
15footnote referencing this statement in the Heller decision
16that: "We identify these presumptively lawful regulatory
17measures only as examples; our list does not purport to be
18exhaustive." This recognition was reiterated by the U. S.
19Supreme Court in McDonald v. the City of Chicago, 561 U.S.
203025, 130 S.Ct. 3020 (2010), which incorporated the Second
21Amendment against state action. The Supreme Court again stated:
22"We made it clear in Heller that our holding did not cast doubt
23on such longstanding regulatory measures as "prohibitions on
24the possession of firearms by felons and the mentally ill,"
25"laws forbidding the carrying of firearms in sensitive places
26such as schools and government buildings . . . We repeat those



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1assurances here." Further, the federal 7th Circuit Court of
2Appeals in Moore v. Madigan, 702 F.3d. 933 (7th Cir., 2012)
3cited the "sensitive place" statement of the Supreme Court in
4both the Heller and McDonald decisions and concluded: "That a
5legislature can forbid the carrying of firearms in schools and
6government buildings means that any right to possess a gun for
7self-defense outside the home is not absolute, and it is not
8absolute by the Supreme Court's own terms." Therefore, the
9General Assembly finds that the places or locations set forth
10in subsections (a) and (b) of this Section are sensitive places
11and the prohibition on the carrying of firearms will promote
12public safety in these sensitive places.".